Decision No. 130/2003/QD-TTg On the Protection of Vietnamese Currency

Pursuant to …;

On the protection of Vietnamese currency

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on the State Bank of Vietnam No. 01/1997-QH10 dated December 12, 1997;

To protect Vietnamese currency and the legitimate interests of organizations and individuals owning and using Vietnamese currency;

At the proposal of the Governor of the State Bank of Vietnam,

DECISION:

Article 1. Scope of Regulation

This Decision stipulates the responsibilities of agencies, organizations, and individuals in combating counterfeit currency; storing, transporting, circulating counterfeit currency; and destroying Vietnamese currency.

Article 2. Interpretation of Terms

The terms used in this Decision shall be understood as follows:

1. Vietnamese currency as defined in this Decision includes: paper money and metal coins issued by the State Bank of Vietnam (hereinafter referred to as the State Bank).

2. Counterfeit currency refers to types of currency that resemble Vietnamese currency but were not organized for printing, minting, and issuance by the State Bank of Vietnam.

Article 3. Prohibited acts

1. Producing counterfeit currency, transporting, storing, circulating, purchasing, and selling counterfeit currency.

2. Destroying Vietnamese currency by any means.

3. Reproducing Vietnamese currency for any purpose without prior written approval from the State Bank.

4. Refusing to accept or circulate Vietnamese currency issued by the State Bank within the territory of Vietnam.

Article 4. Rights and Responsibilities of Agencies, Organizations, and Individuals

1. Safeguarding Vietnamese currency during management and use.

2. Requesting competent authorities to appraise Vietnamese currency in accordance with Article 6 of this Decision.

3. Promptly reporting to the nearest public security agency or border guard, customs authority about violations as specified in Article 3 of this Decision.

4. Organizations, units, economic and social organizations, and individuals possessing counterfeit currency must promptly hand it over to the nearest public security agency, State Bank, border guard, or customs authority.

5. The State Bank, credit organizations, National Treasury, and other entities engaged in banking activities, as well as customs authorities and border guards, upon discovering counterfeit currency, must immediately prepare a record of seizure; if counterfeit currency is suspected, they must prepare a temporary seizure record and promptly report to the nearest public security agency.

Article 5. Information on Vietnamese Currency and Counterfeit Currency

1. The State Bank announces the characteristics and methods to identify Vietnamese currency through mass media. This announcement must be publicly posted at the transaction offices of the State Bank, credit organizations, National Treasury, and other entities engaged in banking activities.

2. In necessary cases, the State Bank will publicly announce through mass media the characteristics of counterfeit currency appearing in circulation so that agencies, units, economic and social organizations, and individuals can be aware.

3. Providing and publishing information on counterfeit currency shall be carried out in accordance with the provisions of the law.

Article 6. Appraisal of Currency

1. The State Bank organizes the appraisal of counterfeit and suspected counterfeit currency and reports the results to all requesting organizations and individuals. The appraisal is conducted free of charge.

2. The Ministry of Public Security organizes the appraisal when counterfeit currency is discovered or seized, temporarily seized suspected counterfeit currency, or suspected destroyed currency, or when requested by agencies, units, economic and social organizations.

3. In cases where there is no agreement on the result of the appraisal of genuine or counterfeit currency, the conclusion of the State Bank's appraisal shall prevail.

Article 7. Handling of seized and temporarily seized funds

Upon receiving the conclusion document from the competent authority regarding the appraisal of Vietnamese currency, the agencies or organizations that have seized counterfeit money or temporarily seized suspected counterfeit money pursuant to Clause 5 of Article 4 of this Decision must immediately return the amount of money determined not to be counterfeit to the relevant organization or individual, or continue with the seizure if it is confirmed to be counterfeit, and notify the organization or individual concerned in writing.

Article 8. Recovery and destruction of counterfeit money and damaged money

1. Apart from the counterfeit money and damaged money used as evidence or currently under investigation or trial according to the law, the police, border guard forces, and customs must hand over all seized counterfeit money and damaged money to the State Bank of Vietnam.

2. The Ministry of Public Security and the State Bank of Vietnam may retain a portion of counterfeit money and destroyed money for research purposes; the Minister of Public Security and the Governor of the State Bank of Vietnam shall decide on the quantity and types of these materials and stipulate their management and use within each respective ministry or agency.

3. The State Bank of Vietnam shall organize the collection and destruction of counterfeit money and damaged money. The destruction of counterfeit money and damaged money shall be carried out in accordance with the regulations applicable to non-circulating currency.

Article 9. Responsibilities of Ministries and Sectors

1. The Ministry of Public Security is primarily responsible for combating counterfeit money and protecting Vietnamese currency.

2. The Ministry of Public Security shall lead and coordinate with the State Bank of Vietnam, the Ministry of National Defense, and the Ministry of Finance to guide and direct related units in handling cases of counterfeit money, suspected counterfeit money, and suspected damaged money, as well as in the work of combating counterfeit money and protecting Vietnamese currency.

3. The State Bank of Vietnam has the responsibility to ensure that circulating currency is durable, attractive, highly resistant to counterfeiting, convenient for management and use, and to provide guidance on appropriate preservation measures based on the material of the currency to extend its circulation time.

Article 10. Reporting, Awards, and Violation Handling

1. The State Bank of Vietnam, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance shall report to the Prime Minister on the work of protecting Vietnamese currency according to their respective functions, tasks, and state management authorities.

2. The awarding of commendations to units, organizations, and individuals who have achieved results in combating counterfeit money and protecting Vietnamese currency shall be considered and decided by the ministries and agencies mentioned in Clause 1 of this Article in accordance with the law. In cases of outstanding achievements, the relevant ministries and agencies shall submit proposals.

3. Organizations and individuals violating this Decision will be subject to legal penalties depending on the nature and severity of the violation.

Article 11. Effectiveness and Implementation Responsibility

1. This Decision takes effect fifteen days after its publication in the Official Gazette.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the Central Government shall be responsible for enforcing this Decision.